SoVote

Decentralized Democracy

House Hansard - 249

44th Parl. 1st Sess.
November 8, 2023 02:00PM
Context: House Hansard - 249 - Nov/8/23
Mr. Mario Beaulieu (La Pointe-de-l'Île, BQ)
Madam Speaker, to put the court challenges program into context, I will start by providing a bit of history of the linguistic dynamic in Canada and Quebec because a people unaware of its history is like an individual having amnesia. We become easily manipulated. If we do not know our history, if we have amnesia and we are cheated, we can be cheated again. We never remember what happened. There are politicians who exploit that. For example, Jean Chrétien said that it was thanks to Canada that we still speak French. In reality, from the Royal Proclamation of 1763, which turned New France into the Province of Quebec, to the British North America Act, 1867, and a good part of the 20th century, the British and Canadian governments have openly used military repression, anglophone immigration, bans on French schools and various other assimilation measures to make francophones the minority; they went from 99% to 29% in 1951. Since then, the numbers have dropped both outside Quebec and more recently in Quebec. It is very worrisome. There were language laws everywhere, in all the predominantly English-speaking provinces today, that completely banned French-language schools and even teaching French in schools. In Quebec, access to French-language schools was limited in regions like Pontiac. French-language schools and colleges were underfunded, as were French-language health care facilities. Even in Quebec, francophones truly experienced economic discrimination. In the 1960s, André Laurendeau, a French-Canadian nationalist and federalist who wrote editorials in Le Devoir, wrote a column saying that the crumbs given to francophones were enough; what they had been given at the time were bilingual stamps and cheques, things like that. He proposed that a commission of inquiry be formed, and Lester B. Pearson did just that. The Laurendeau-Dunton commission made a powerful observation of the inequality between francophones and anglophones, even in Quebec. For example, out of 14 linguistic groups in Quebec, the average income of francophones ranked 12th. In the meantime, André Laurendeau passed away. Pierre Elliott Trudeau took over from Lester B. Pearson as Prime Minister. André Laurendeau had championed a territorial model similar to Switzerland or Belgium because he felt that, as the home of Canada's francophone community, the number one priority was granting special status to and strengthening French in Quebec. Instead of granting special status to Quebec, Pierre Elliott Trudeau joined forces with proponents of English in Quebec. He decided that the federal language law, rather than protecting French in Quebec, was intended to support and protect linguistic minorities by province. As luck would have it, in Quebec, it was English that was to be protected and the English-speaking community promoted. This supposed equivalency or symmetry between anglophones in Quebec and francophone and Acadian communities was absurd from the start. As we have seen, anglophones were already part of the dominant Canadian majority in Quebec up to that point. Anglophones in Quebec are part of the Canadian majority that controls the federal government with its paramount legislative power and its spending power in areas within Quebec's jurisdiction. We saw that, for example, with the 1982 Constitution, which weakened the Charter of the French Language even though education was supposed to be under provincial jurisdiction. The 1982 Constitution was imposed against the wishes of the Government of Quebec. No government of Quebec has ever signed the 1982 Constitution. Even the UN Human Rights Committee ruled that Quebec anglophones, as part of Canada's majority, cannot invoke minority rights. It even added that a majority in a province could invoke minority rights if it was a minority in the country. The government of the Canadian majority decided to support its language in Quebec. The Official Languages Act has been funding English in Quebec almost exclusively ever since. We often hear the Prime Minister say that his party protects minorities in Canada. As far as I know, Quebec is not a majority in Canada. Quebeckers are a linguistic minority, a minority nation that is not protected by Canada. The court challenges program is the perfect example of that. The court challenges program appeared in 1978. Coincidentally, Bill 101, the Charter of the French Language, was established in 1977. René Lévesque wanted to make French the only official language of the state of Quebec, the common language of Quebec society. It is in that context that Ottawa brought in its court challenges program. At first it even considered using its power of disallowance to invalidate Robert Bourassa's Bill 22 and then the Charter of the French Language. After the election of the Parti Québécois, Pierre Elliott Trudeau thought this option would cause a legitimacy crisis that would benefit the Lévesque government. He was cunning and dismantled Bill 101 while avoiding creating a direct confrontation between the two levels of government. Rather than have this direct confrontation with Quebec, the federal government of Pierre Elliott Trudeau instead funded, structured and supported anglophone lobby groups in Quebec. Then he paid their legal fees to challenge the Charter of the French Language using the court challenges program. Between 1978 and 1985, the court challenges program did not produce annual reports. Of the six bills that were challenged, four had to do with the Charter of the French Language in Quebec. Right from the beginning, we have seen that it was the official character of French, the fact that it is the language of justice, that was struck down. So it has continued and, as a result, today the Charter of the French Language has been weakened in all areas of application. The Government of Quebec recently tried to partially strengthen this legislation. Now the government is announcing that it is going to double the court challenges program. I think it is obvious that this will be used to challenge Bill 101. The sad thing is that there have been problems from the outset. The government was clearly in a conflict of interest. The same officials approved funding for legal proceedings and worked for the Attorney General of Canada, who was often an intervenor in those proceedings. Between 1982 and 1985, Ottawa was aware of the alleged conflicts of interest and tried to create an advisory committee. Brian Mulroney then gradually added equality rights, the promotion of multiculturalism and gender equality to the language rights that could be promoted by the the court challenges program. Administration of the program was entrusted to the Canadian Council on Social Development. In closing, we support the bill, but it needs to be improved. The bill needs to be transparent. The first bill talked about publishing a list of supported cases. Now it talks about an overview. We will be proposing amendments—
1135 words
All Topics
  • Hear!
  • Rabble!
  • star_border